K S PUNDIR Vs. UOI

JUDGEMENT

(1.) K.S.Pundir, the petitioner, lays a challenge to the order dated 14.9.1996 passed by the Disciplinary Authority levying penalty of removal from service on account of petitioner being unauthorizedly absent from duty for 259 days commencing from 30.12.1995 till 13.9.1996 i.e. the immediate day preceding when the penalty was levied. He also questions the order dated 15.9.1997 rejecting the appeal filed by him against the order dated 14.9.1996.

(2.) RELEVANT facts are that K.S.Pundir, a Sub-Inspector with Central Industrial Security Force, requested for 15 days earned leave, which was sanctioned from 15.12.1995 to 29.12.1995 with permission to avail 2 days journey time and add on 2 days CCL and thus he left the Unit at Uri (J&K) on 11.12.1995. He was to join back on 30.12.1995. He failed to do so.

(3.) IGNORING the aforesaid striking abnormality and from which abnormality one can presume that the petitioner knew somebody at the Primary Municipal Dispensary at Mehrauli and thus obtained a contrived document, since it was recommended therein that the petitioner was advised rest for 10 days, waiting for 10 days to be over, and noting that the petitioner had not joined, vide letter dated 31.1.1996 he was asked to join back. Petitioner ignored the same, resulting in the Disciplinary Authority deciding that the petitioner be charge-sheeted and an inquiry be held for the misdemeanour of continued unauthorized absence and for which on 7.3.1996 a memorandum was issued enclosing therewith a charge-sheet which was sent to the petitioner at the address House No.42, Ganesh Nagar Extension- II, Shakarpur, Delhi-110092, which we note is the address noted by the petitioner himself in his own handwriting as per his letter dated 26.12.1995 which we have referred to in para 4 above. The docket containing the memorandum and the charge-sheet as also the annexures with the charge-sheet were sent by Regd.A.D.Post. 3 Articles of Charge were listed against the petitioner as under:-